Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT REGULATION 2008 (NO 2 OF 2008) - REG 375

    (1)     A fire-caused rebuilding development is an exempt development if—

        (a)     the development has been previously approved, whether or not any development in accordance with the approval has ever been undertaken; and

        (b)     the development would not result in any of the following:

              (i)     the height of any new or altered building or structure being greater than the previously approved height of the building or structure that is replaced or altered;

              (ii)     the gross floor area of any new or altered building or structure being more than 15% greater than the previously approved gross floor area of the building or structure that is replaced or altered;

              (iii)     any new or altered building or structure being used for a greater number of dwellings than were previously approved;

              (iv)     the setbacks for any new or altered building or structure not complying with the lesser of the following:

    (A)     the setbacks under Residential Zones—Single Dwelling Housing Development Code;

    (B)     any setbacks that were previously approved for the building or structure that is replaced or altered; and

        (c)     the lessee of the land to which the development relates is the lessee of the land at the beginning of the bushfire emergency; and

        (d)     before the development commences, the lessee gives the following to the planning and land authority:

              (i)     notice in writing of when the development will commence;

              (ii)     a plan of the development;

              (iii)     a written statement by a certifier that the development shown on the plan will not result in any of the matters mentioned in paragraph (b); and

        (e)     at the completion of the development, a certifier gives the planning and land authority a written statement that the development as constructed is in accordance with the plan given to the planning and land authority under paragraph (d).

    (2)     In this section:

"certifier" means a certifier within the meaning of the Building Act 2004 .

"lessee", of land at the beginning of the bushfire emergency, includes a person who, before the beginning of the bushfire emergency, had entered into an agreement with the lessee of the land giving the person a right to the transfer of the lease but to whom, at the beginning of the emergency, no transfer had been registered under the Land Titles Act 1925 in accordance with the agreement.